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Re: Almost tenant is threatening to sue.
by Daniel (CA)
on October 2, 2019 @12:53
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nice long story, but throw it all away. admit to nothing especially in court. only deal with what you have in writing.
next: watch Judge Judy and Peoples Court for a week: pay attention to Landlord cases. even ones with roommates.
if you have his written notice of termination then that is great. Don't admit to any stories. simply rely on this lease termination that you accepted as the ONLY reason for the cancelation. You made big mistakes but you got him out, that has saved you $10,000+++ from eviction costs.
If he sues then counter sue for the damaged floors. and in your pleadings ( your lawsuit) state that there was a mutual release and settlement, but if not then you are asking the court to award you $5,000. the cost for loss of rental and damaged floors caused by the early termination of the lease.
If you have any of what you wrote above in text messages or written anywhere, ie admitting that you want him out early, then most judges today wouldn't see it as a breach by tenant but instead a breach by LL.
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